Michigan Court of Appeals Orders University of Michigan to Disclose “Tanton Papers” Under FOIA

The Michigan Court of Appeals today ruled that the University of Michigan must disclose the so-called “Tanton Papers” under the Michigan Freedom of Information Act, rejecting the University’s continued effort to keep the documents secret until 2035.

In a 3-0 unanimous decision, the Court of Appeals panel affirmed that the records donated to the University’s Bentley Historical Library by the late John Tanton are public records subject to disclosure. The Court rejected the substantive defenses raised by the University, including claims based on donor restrictions, personal privacy, the Library Privacy Act, the Michigan Community Foundation Act, and constitutional autonomy.

“Public institutions cannot contract around the Freedom of Information Act," said OLC attorney Philip L. Ellison, counsel for plaintiff Hassan M. Ahmad. "Transparency is not something a donor can veto.”

The Court emphasized that FOIA exemptions must be narrowly construed and held that donor-imposed conditions do not override the Legislature’s mandate that records held by public bodies be open to public inspection. The Court also confirmed that the University’s constitutional autonomy does not permit it to shield records from FOIA simply because disclosure may inconvenience donors or administrators.

“This case has always been about one thing,” Ellison said. “Whether Michigan’s flagship public university is bound by the same transparency laws as every other public body in this state. Today, the Court of Appeals answered that question decisively: it is.”

The lawsuit was brought by Hassan M. Ahmad, an immigration attorney who sought access to the papers to better understand the role of public influencers in shaping public immigration policy. Ahmad’s FOIA request dates back to 2016 and has been the subject of extensive litigation, including prior appeals and review by the Michigan Supreme Court.

“The public has a right to know how ideas that influence government policy are preserved, curated, and restricted inside public institutions,” Ellison added. “FOIA exists precisely to prevent secrecy by default.”